Questionnaire Hungary
I.13 Which coercive measures?
If such special investigating methods or coercive measures are to be employed for which the prosecutor’s involvement is necessary (because the prosecutor is entitled to permit the use of that method or measure, or he has the competence to submit a motion to the court for the warrant), the police send the file to the prosecutor and the prosecutor necessarily gets involved in the investigation.
In addition, when the police arrest somebody (police custody may last for only 72 hours) they have to immediately notify the prosecutor of the arrest even if later they do not request the pre-trial detention of the suspect. The prosecutor shall examine whether the prerequisites of the arrest were met at the time of the coercive measure and take appropriate action depending on the result of his examination.
In addition, when the police arrest somebody (police custody may last for only 72 hours) they have to immediately notify the prosecutor of the arrest even if later they do not request the pre-trial detention of the suspect. The prosecutor shall examine whether the prerequisites of the arrest were met at the time of the coercive measure and take appropriate action depending on the result of his examination.
